If you use a fake ID to try to commit a crime, you may be facing criminal charges.
You may not think that it’s a big deal to lie about who you are — especially if you are underage and want to buy cigarettes or alcohol. But under California law, it is a crime to display or possess any fake identification with the intent to commit a forgery. For purposes of this law, to commit a forgery means to use it to commit fraud. In other words, it means using the fake ID to deceive another person or to cause loss or damage to another person or entity.
So what exactly qualifies as a fake ID under California law? When most people think of fake IDs, they immediately consider a forged license. But under the California penal code, it is a crime to display or posses any identification card issued by a government agency that has been altered, falsified, forged, duplicated, reproduced or counterfeited.
While the classic case of using fake IDs involves a minor using an ID to try to buy alcohol, there are many different examples of how using a fake ID could lead to criminal charges. A minor could also use a fake ID to buy cigarettes, or use someone else’s real identification to buy alcohol or get into a bar or club. Alternatively, a person who is in the country without proper documentation could use a fake ID to escape detection by immigration authorities. A person could also use fake IDs to cash other people’s checks.
Using a fake ID is a “wobbler” under California law. That means that it can be charged as either a felony or a misdemeanor crime depending on the circumstances of the crime. A Los Angeles criminal defense attorney can assist you in determining how your case might be charged. If it is charged as a misdemeanor, it can result in up to one year in county jail and/or a fine of up to $1,000. If it is charged as a felony, it can result in up to three years incarceration and/or a fine of up to $10,000.
In order to charge the crime of using a fake ID, a prosecutor has to prove the following:
- You possessed, displayed, or caused or permitted to be displayed a driver’s license or other government-issued identification card;
- The driver’s license or other government-issued ID was altered, falsified, forged, duplicated, reproduced, or counterfeited;
- You knew that the license or ID was altered, falsified, forged, etc.; and
- When you possessed or displayed the identification document, you intended that that document would be used to commit forgery.
If the prosecutor cannot prove each element of the crime, then you will not be guilty of the crime. For example, if you did not know that your identification had been altered, that would be a defense to the charges. A skilled Los Angeles criminal defense attorney may also argue that if you did not intend to use the ID to commit a forgery, you are not guilty of a crime. For example, if you just had the fake ID but did not actually use it to try to deceive someone, then there was no intent to commit a forgery.
If you have been charged with a crime relating to possessing or using a fake ID, you will need a highly qualified Los Angeles criminal defense attorney to assist you. At the Chambers Law Firm, we represent individuals who have been charged with this crime and other types of California crimes. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help.
